RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of February 9, 2023 No. 4

About exceptional case of illegality of Article 24 of h (1-1) items b) the Law No. 544 of July 20, 1995 on the status of the judge (suspension by the right of powers of the judge if the disciplinary board offered its dismissal) (the address No. 150g/2022 of year)

Name of the Republic of Moldova

Constitutional court in structure:

Domnika Manole, chairman,

Nikolay Roshka,

Liouba Shova,

Sergey Tsurkan,

Vladimir Tsurkan, judges

with the assistance of the assistant judge Christina Kikhay,

in view of the address,

registered on September 22, 2022,

having considered this address in open plenary meeting,

considering acts and case papers,

having carried out discussion in the consultative room,

issues the following decree.

Procedure questions

1. The address about exceptional case of illegality of Article 24 of h (1-1) items b) the Law No. 544 of July 20, 1995 on the status of the judge declared by the judge Mikhail Kozhokaru, the claimant in the matter of No. 3-330/2022, being in production of Appeal chamber Chisinau formed the basis for consideration of the case.

2. The address about exceptional case of illegality was brought into the Constitutional court by the judicial structure of Appeal chamber Chisinau consisting of judges - Anatoly Minchuna, Ekaterina Palanchuk and Veronika Negru, based on Article 135 of h (1) the item and) and the item g) Constitutions.

3. Determination of the Constitutional court of January 12, 2023, without decision in essence, the address was acknowledged acceptable.

4. During consideration of the address the Constitutional court requested opinions of Parliament, the President of the Republic of Moldova and the Government.

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